| July 01, 2010 |
| Colgan to Present Advanced Family Law Seminar |
| Posted By Tim Colgan |
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| Colgan Marzzacco Attorney Timothy J. Colgan will present an Advanced Family Law Seminar for the National Business Institute (NBI) on November 9, 2010 in Allentown, PA. Colgan's presentation will focus on complex asset cases in divorce and on advanced child support and spousal support issues. |
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| July 01, 2010 |
| Colgan Speaks to Pennsylvania Psychological Association |
| Posted By Tim Colgan |
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| On June 16, 2010, Colgan Marzzacco Attorney Timothy J. Colgan delivered a continuing education presentation to the Pennsylvania Psychological Association's Annual Meeting in Harrisburg, PA. The presentation focused on the Collaborative method for resolving family law matters involving divorce, custody and support. Colgan previously presented to the Pennsylvania Psychological Association at their March 2009 Continuing Education Conference and in June 2009 at their Annual Meeting. |
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| April 22, 2010 |
| At What Age Can a Child Choose? |
| Posted By Tim Colgan |
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| In Pennsylvania, there is no age at which a child may choose with which parent to live. A child's preference is admissible in custody proceedings but the judge must decide how much weight to give to a child's preference. A child's preference based upon sound, mature reasons for selecting one parent over another is likely to be given greater weight than the preference of a child based upon momentary whim or impulse. The Pennsylvania Superior Court stated, "The weight to be accorded a child’s preference varies with the age, maturity and intelligence of that child, together with the reasons given for the preference. Moreover, as children grow older, more weight must be given to the preference of the child." Wheeler v. Mazur, 793 A.2d 929 (Pa. Super. 2002). |
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| February 28, 2010 |
| Pennsylvania Child Support Guidelines Change in May 2010 |
| Posted By Tim Colgan |
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In May 2010, changes to the Pennsylvania Child Support Guidelines take effect. The changes to the Guidelines are based upon Federal law and Federal regulations which require that each state have child support guidelines and that those guidelines are reviewed and updated at least once every four years. The review is to incorporate the most recent economic data on child-rearing costs and data from case files. Pennsylvania's support schedule is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics at the University of Notre Dame. As with the current Guidelines, important factors in determining the correct amount of child support include the incomes of each parent, the cost of child care and the cost of health insurance for the children.
We encourage you to meet with a
Child Support Attorney at Colgan Marzzacco before filing to modify child support through Domestic Relations. Many times clients file for modifications and are surprised when they receive an unexpected increase or decrease after their conference with Domestic Relations. If you meet with a
Child Support Lawyer at Colgan Marzzacco we will answer all your questions and help you make an informed decision about whether to seek a modification through Domestic Relations.
Through the end of May 2010, Colgan Marzzacco will offer a 20% discount off of the regular cost of child support reviews and recalculations. Please contact a
Family Law Attorney at Colgan Marzzacco today to schedule your review. |
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| February 15, 2010 |
| Marital Misconduct and your Divorce |
| Posted By Thomas M. Clark, Esq. |
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The rule in
Pennsylvania
is that the determination of the equitable division, distribution or assignment of the marital property in a divorce must be made without regard to marital misconduct (23 Pa.C.S. §3502(a)).
In divorces, the Court is called upon to make an equitable division of the marital property and the Court must consider only the relevant factors that have been specifically outlined by the law.
The law allows the Court great flexibility in adjusting the property awards to reflect various factors and can also use discretion as to how much weight to give each factor.
However, the Court can not consider the marital misconduct of either party when awarding an equitable division of property.
It should be noted that marital misconduct may be considered in an award of alimony (23 Pa.C.S.A. §3701(b)(14)).
For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.
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| February 05, 2010 |
| What is Legal Custody in Pennsylvania? |
| Posted By Tim Colgan |
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"Legal Custody" refers to a parent's right to share in decisions of major importance in the life of their minor child. Decisions that relate to the school a child will attend, medical care of a child and decisions about religion are all examples of Legal Custody issues. Legal Custody is different from Physical Custody. Physical Custody is the actual physical possession and control of a minor child. A parent can have limited or no rights of Physical Custody and still share Legal Custody.
For more information, please contact a Pennsylvania Custody Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Custody Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding custody or any other matter of relating to a family law case. |
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| January 21, 2010 |
| Can One Attorney Represent Both Parties in a Divorce? |
| Posted By Tim Colgan |
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Many people want to know if they can hire one attorney to represent them both in a divorce action. On the surface, it may seem as though there would be no problem with this in situations where the parties are on relatively good terms and have worked out many of their issues between them. Unfortunately, though, this issue is more complex than it may seem on the surface. As a result, a lawyer cannot represent both parties in a divorce. This situation presents an inherent conflict of interest. This problem is best illustrated by an example:
"A Husband and Wife have decided to divorce and have agreed to the terms of the division of their property. In their conversations, they have agreed that Husband will stay in their house and refinance it when he is able. No time frame is established for the refinance. Husband really wants the house and is unable to refinance now because of poor credit."
If one attorney were trying to represent both spouses in this case, he or she would be caught in an impossible quandary. If the attorney explained to Wife that this deal would make it impossible for her to get financing for a new home she might reconsider the deal thereby angering Husband. If the attorney advises Husband that if he goes through with this deal that he would in essence become a real estate "partner" with his Wife following the divorce and that she could force the liquidation and sale of the property, he may change his mind about the deal, thereby angering Wife.
This is just one example of how trying to serve as one attorney for two parties with differing interests is not possible or ethical. There are options for spouses who are on relatively good terms and want to manage the cost of their divorce. Mediation allows the parties to work with one another to resolve their differences with the help of a neutral third party.
For more information, contact Colgan Marzzacco today to schedule a free telephone consultation with one of our Family Law attorneys or Mediators. |
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| January 12, 2010 |
| What is Relocation in Custody Cases? |
| Posted By Tim Colgan |
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When a parent who has primary custody of minor children wants to move, that parent either needs the consent of the other parent or permission from the court to move the children. While the court doesn't have jurisdiction over where the parent lives, they do have jurisdiction over the children and can ultimately decide if the children will be able to move with the parent. What constitutes a relocation isn't always clear cut. In some instances, a 5 mile move might be considered a relocation because it involves a change in school districts whereas in other cases a 45 mile move might not be considered relocation because the kids don't change schools and the parents are able to follow the same schedule of custody after the move as they did before the move. If it is a relocation case, the court has to consider three things in deciding whether to grant or deny the move: 1. What are the reasons that the custodial parent has for the relocation?; 2. What are the reasons the non-custodial parent has for opposing the move?; and 3. Can a schedule of custody be worked out that is similar to the current schedule of custody?
If you are considering a move, you should check with your attorney before moving or before committing resources to the move (down payments, changing jobs, etc.). If you'd like to discuss this issue or any other issue you may be experiencing, give us a call at (800) 615-0115. Our telephone consultations are free. |
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| December 29, 2009 |
| New Local Rules of Court for York County |
| Posted By Tim Colgan |
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| York County has revised the Local Rules of Civil Procedure effective December 28, 2009. While there are many changes and amendments, one of significance to family law matters is the ability to appoint the Divorce Master for the mediation of discovery disputes. This option is available whether or not grounds for divorce have been established. YCCiv. 1920.51(a)(2)(i). By appointing the Divorce Master early in a case, the parties and their counsel will be able to attend a discovery conference with the Divorce Master. The Master will establish what information must be exchanged, which party is responsible for obtaining the information and the deadlines by which the exchanges must occur. A party who fails to comply with the discovery deadlines established by the Master can be subject to sanctions imposed by the Master. YCCiv 1920.51(b)(2)(ix). These rule changes should allow cases to proceed more quickly and efficiently in York County. |
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| December 09, 2009 |
| Collaborative Law on TV! |
| Posted By Tim Colgan |
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| Today I was a guest on a local television talk show. The topic was Collaborative Law and Collaborative Practice. Since it was only a 30 minute show we weren't able to explore the topic as deeply as I would have liked, but I hope that the program will give people a taste of the process and make them want to get more information about it. I was struck by the reaction of the show's producer and another guest who was waiting on the set for the show's following segment. Both commented after the show that while they hadn't known about Collaborative previously, that it certainly sounds like a better way for families to deal with issues of divorce, custody and support. I couldn't agree more! |
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| November 13, 2009 |
| Interdisciplinary Collaborative Training |
| Posted By Tim Colgan |
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As President of the Collaborative Professionals of Central Pennsylvania, I'm thrilled to announce that over the next two days, 35 professionals spanning many disciplines and geographic areas are being trained in Collaborative Practice in Harrisburg, Pennsylvania. The training is co-sponsored by the Collaborative Professionals of Central Pennsylvania (CPCP) and the Pennsylvania Psychological Association (PPA). The trainers are Rita Pollak, Esquire and Dr. Cathy Heenan. Rita is a past President of the International Academy of Collaborative Professionals (IACP) and practices Collaborative Law in the Boston area. Cathy is a licensed psychologist who works as a neutral coach on the Collaborative team.
The Collaborative movement continues to spread throughout the world and we are especially pleased that it continues to grow as a means of family law dispute resolution in Pennsylvania. With the addition of mental health and financial professionals, families experiencing issues of divorce and custody will now have an ever increasing resource of professionals to assist them through this most difficult transition.
For more information, go to www.collaborativelawpa.com or www.collaborativepractice.com.
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